IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,421-02, -03, -04, -05 & -06
EX PARTE RODNEY KEVIN WILLIAMS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 1224792-A, 1224794-A, 1255821-A, 1231935-A & 1225681-A
IN THE 262ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of promotion of
child pornography, three charges of aggravated sexual assault of a child under six, and seventy
counts of possession of child pornography. He was sentenced to twenty years’ imprisonment for
promotion of child pornography, life imprisonment for each of the aggravated sexual assault cases,
and ten years’ imprisonment in each of the seventy possession of child pornography counts. He did
not appeal his convictions.
Applicant contends that his plea was involuntary because trial counsel misadvised him about
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his parole eligibility. Applicant has alleged facts that, if true, might entitle him to relief, and the trial
court has concluded that his pleas were involuntary. However, in these circumstances, additional
facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960),
the trial court is the appropriate forum for findings of fact. The trial court may use any means set
out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on
its personal recollection. Id.
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make additional findings of fact and conclusions of law in regard to
Applicant’s claim that his plea was involuntary. The trial court shall make specific findings
addressing the credibility of Applicant’s claim that, but for counsel’s misadvice, he would have
insisted on going to trial. Ex parte Moody, 991 S.W.2d 856, 857–58 (Tex. Crim. App. 1999). The
trial court shall also make any other findings of fact and conclusions of law that it deems relevant
and appropriate to the disposition of Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall
be obtained from this Court.
Filed: February 25, 2015
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